Description

Extortion of Posing as a Kidnapper charges may be filed against any person who for the purpose of obtaining any ransom or reward, or to extort or exact from any person any money or thing of value, poses as, or in any manner represents himself to be a person who has seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away any person, or who poses as a person who has aided or abetted any such act.

What does the prosecutor have to prove?

1. Defendant posed or represented himself to be a kidnapper.
2. Defendant represented himself as a person who has kidnapped or confined another person.
3. Defendant acted with the specific intent to commit extortion or to obtain something of value from another. [PC 210]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)? No
Is this charge a strike? No
Is this charge a “serious felony” No
Is this charge a “violent felony” No
Do I have to register as a sex offender if convicted? No
Do I have to register as a drug offender if convicted? No
Do I lose my right to own or possess a firearm if convicted? Yes
Do I lose my right to vote if convicted? Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted? No
Am I eligible for PC § 1000 drug diversion if convicted? No
Am I eligible for Prop. 36 drug diversion if convicted? No
Am I required to give a DNA sample if convicted? Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes? May
Is this charge considered a “aggravated felony” for immigration purposes? May
Is this charge considered a “controlled substance violation” for immigration purposes? No
Is this charge considered a “domestic violence” for immigration purposes? No
Is this charge considered a “firearm conviction” for immigration purposes? No